FGH v R. (Rev1) [2024] EWCA Crim 1353 (06 November 2024)

FGH v R. (Rev1) [2024] EWCA Crim 1353 (06 November 2024)

The conviction is not unsafe; applicant's defence of duress was properly rejected by the jury; prosecution was in the public interest given seriousness of offence; absence of intermediary did not render trial unfair; judge's directions on duress were adequate.

Citation
[2024] EWCA Crim 1353
Parties
Applicant: FGH; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
06 November 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction, With Extension of Time and Admission of Fresh Evidence
Outcome
Leave to appeal refused; extension of time refused; fresh evidence not admitted.
Legal Topics
Firearms Offences, Duress, Trafficking and Victim Status, Fair Trial Rights, Abuse of Process, Intermediary Appointment
Criminal Law Firearms Offences Duress Trafficking and Victim Status Fair Trial Rights Abuse of Process Intermediary Appointment

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Parties

FGH

Applicant

REX

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction, With Extension of Time and Admission of Fresh Evidence

Legal Issues

  1. 1 Whether applicant's conviction is unsafe due to intellectual disability and victim of trafficking status
  2. 2 Whether prosecution amounted to abuse of process given applicant's vulnerability and trafficking
  3. 3 Whether failure to appoint a defence intermediary rendered trial unfair

Ratio Decidendi

The conviction is not unsafe; applicant's defence of duress was properly rejected by the jury; prosecution was in the public interest given seriousness of offence; absence of intermediary did not render trial unfair; judge's directions on duress were adequate.

Court Disposition

Leave to appeal refused; extension of time refused; fresh evidence not admitted.

Orders

  • Application for extension of time refused.
  • Leave to appeal against conviction refused.